Soma Akter, a former worker at a garment factory in Uttara, Dhaka, faced a dire situation when the factory abruptly shut down without paying the workers their dues.
In response, the workers, including Soma, protested to demand their rightful compensation.
The factory management eventually agreed to the demands, promising that once the factory reopened, the former workers would be given priority for reemployment.
However, when the factory did reopen, Soma and her fellow workers were not rehired.
Soma sought employment at other factories but encountered the same issue—despite initially being considered for jobs, she was ultimately rejected.
Soma explained that after providing her fingerprint at a new factory, the management informed her that they could not hire her because she had been involved in protests at her previous workplace.
Soma is not alone. Many workers have reported being "blacklisted" for participating in protests, preventing them from securing new jobs in the garment sector. The workers view this as a form of oppression.
In 2021, the Bangladesh Garment Manufacturers and Exporters Association (BGMEA) announced the creation of a biometric identity and workers' information system for garment workers.
This database includes workers' fingerprints, identities, blood groups, employment history, and other details.
The Bangladesh Institute of Labour Studies (BILS) emphasizes that such a database is essential for national policymaking, wage structure implementation, and determining the number of workers affected in accidents.
The database was also intended to help employers assess workers' skills when they move from one factory to another. However, BILS and other labor rights organizations argue that the current use of the database violates human rights.
Labour rights organizations also claim that what was intended to benefit the garment sector has now become a tool of oppression for workers. They report that workers are increasingly being "blacklisted," which goes against labor law principles.
These organizations allege that factories under the BGMEA collectively prepare and share lists of workers, and if a worker is dismissed from one factory, that information is recorded in the BGMEA database.
When these workers apply for jobs at other BGMEA-affiliated factories, the new employers can access the information, leading to the worker being denied employment.
Many claims the same
Jahanara Begum, a worker at a factory under the Chaiti Group, said in July 2023, her factory closed down. Despite promises of re-employment, Jahanara, who was the president of the factory's workers' union, was not rehired.
She attempted to secure jobs at five nearby factories, but each time her chances were blocked after her fingerprint was checked, with the authorities citing her involvement in the previous factory's protests.
Al Amin, another worker, shared a similar experience. After working at Nipa Group for eight years and Achieve Fashion for six years, he was unable to find a job at Olio Garments after the previous factory closed down.
When he provided his fingerprint, the management informed him that he had a negative record at Nipa Group, preventing him from being hired.
What factory officials say
Md Abul Kalam, managing director and CEO of Chaiti Group, explained that when a worker applies for a job at a BGMEA-affiliated factory, their fingerprint can reveal their past employment history and any recorded offenses.
He emphasized that BGMEA's central database plays a crucial role in hiring decisions. Although the system is designed to prioritize experienced workers, the database is strictly followed.
Many factory owners, speaking anonymously, confirmed the existence of such a system.
What stakeholders say
Khayrul Mamun Mintu, legal secretary of the Bangladesh Garments and Sweaters Workers Trade Union Center, said that workers who try to raise demands or form trade unions are often dismissed, and their names, along with photos, are publicly displayed at factory gates to prevent them from being hired elsewhere.
“The BGMEA's database also reportedly contains negative comments about these workers, making it difficult for them to secure jobs at other factories,” Khayrul said.
He called for legal action against such inhumane practices.
Nahidul Hasan Nayan, general secretary of the Sommilito Sramik Federation, said that the database was initially intended to be managed neutrally to track the number of workers in the garment sector. However, it was later handed over to the BGMEA, which has used it to prevent workers with negative reports from securing jobs at BGMEA-affiliated factories.
He called for the database to be managed by an impartial organization and for the removal of information that hinders workers' employment opportunities.
Sultan Uddin Ahmed, executive director of BILS, said that the discussion around creating a database to track the number of workers and factory information arose after the Rana Plaza incident, but it was never made public. Many complaints regarding blacklisting have been received, which is a clear violation of human rights.
He emphasized that the BGMEA needs to stop this practice as it is causing hardship for the workers and resulting in the loss of skilled labor in the garment industry.
Legal action
The Bangladesh Legal Aid and Services Trust (BLAST) has collected information on the issue and is considering taking the matter to court.
Sifat-e-Noor Khanom, a senior staff lawyer at BLAST, said that the practice is a violation of human and labor rights.
She urged workers to come forward with evidence, as there is potential for a public interest lawsuit.
What BGMEA says
Abdullah Hil Rakib, senior vice president of BGMEA, denied that any such law or policy exists in their sector or in the labor law.
He acknowledged that there was an old decision to share information about workers involved in criminal offenses like sexual harassment, conspiracy, or theft, but this was never strictly enforced, especially with the current labor shortage.
He emphasized that there is no compulsion to follow such practices, as there is no legal provision for them, and that HR departments are now hiring workers without checking these records.